19/05/05 - KFC Planning Report & Evening Advertiser Update

Councillor Justin Tomlinson, "Thank you to the 90+ residents who attended my public meeting on this issue last night.  The meeting allowed us to bring local residents upto date with progress, and what we can and can't expect from the planning meeting next Tuesday."

 

 

 

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Evening Advertiser 19/05/05

Rhys Evan and councillor Justin Tomlinson at a meeting to protest about KFC

Residents turn their noses up at KFC proposal

Swindon Town goal keeper Rhys Evans joined around 100 residents at a public meeting about how to stop KFC from building a restaurant in Ash Brake.

The fast food chain has applied to build the restaurant right at the entrance to the Ash Brake Estate on Pennine Way.

A final decision will made on the application at a council meeting on Tuesday at 7pm in the Civic Offices.

Rhys, 23, who lives on the estate with girlfriend Rachel Cripps and 18-month-old son Louis strongly objects to the proposals.

He said: "I think it will do nothing to enrich the area ­ it will only degrade it.

"You only have to look at any other fast food outlet to see what the knock on effect will be.

"There will young kids hanging around there in their cars on Friday and Saturday nights.

"There will be traffic, litter and smells. My parents live close to the KFC in Clive Parade and it produces so much litter which attracts vermin.

"There's just no need for something like this.

"If it's out of sight and out of mind that's fine.

"But some people are going to have this restaurant right outside their window."

At the meeting Coun Justin Tomlinson (Con, Abbey Meads ) encouraged residents to write directly to KFC to let the company know that they would not be eating at the restaurant.

"We need to make it clear to the company that we don't want it there and we won't use it.

"We want to get a clear message to KFC that they will be wasting their time because it's going to be a ghost town."

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As promised, I have added the full 'Committee Report' which will be discussed at the Planning Meeting at 7pm, Tuesday 23rd May at Swindon Council.

COMMITTEE REPORT 

Application Number:	S/05/0886CAB
Neighbour Expiry Date:	9th June 2005
8-Week Expiry Date:	16th June 2005

Proposal: Erection of a  Class A3 Restaurant / Drive-Thru and Auto Centre with associated works

 

Location: Road Side Use Site (North),

                  Thamesdown Drive,

                  Swindon,

                  Wiltshire

                 

 

Officers Report

 

Background:

Members may recall a previous reserved matters application on this site S02/0600 refers, for the erection of a McDonalds drive thru restaurant and a second unit for A1 (retail) and A3 (hot food takeaway) uses.  The reserved matters application was approved by Members on 29th October 2002 subject to a section 106 legal agreement to secure the execution of measures required to control noise and odours and the hours of operation.  The applicants did not enter into the legal agreement at that time owing to the restriction on the hours of operation which would limit the breakfast element of the restaurant. 

 

1 Recommendation:

That planning permission be GRANTED subject to conditions.

 

2 The Proposal:

This proposal concerns the erection of two buildings to house a 237sqm (gross) drive thru restaurant and a separate 464.5sqm (gross) Auto-centre selling motor and bike accessories and servicing. 

 

3 The Site and Surroundings:

This triangular 0.57 hectare site (1.4 acres) lies to the north east of Junction 5 of Thamesdown Drive.  The site is bounded to the south by Thamesdown Drive and to the north and west by a local distributor road (Lady Lane) with residential properties beyond.  The eastern boundary of the site is formed by residential properties behind a close-boarded fence. 

 

4 Representations:

Thames Water recommends interceptors and a dosing unit be fitted in certain areas.

Environment Agency has no objections to the application.

Haydon Wick Parish Council objects to the application but feels the objections may be overcome with conditions.  Concerns raised are about noise nuisance and the detrimental impact on residents; conditions to limit the opening hours are suggested.

Blunsdon Parish Council objects to the application for the same reasons raised for the previous application (S02/0600 refers); Close proximity to residential properties, noise, smells, litter and traffic.  The introduction of a fast food outlet near a school appears contrary to current campaigns and policies promoting healthy eating.  The development would add traffic at a dangerous junction.

Residents 65 letters of objection received (and an additiional 4 emails with no address). Main concerns include:

Levels of traffic, congestion & potential rat run

Danger of Junction 5 and general access arrangements

Potential smells, litter & vermin

Groups of teenagers/social problems, security & graffiti

Opening hours (8pm and 9pm closing suggested), delivery times and lighting

Design of buildings & proximity to residents, signage

Loss of daylight

Landscaping will not mask site from all sides

More landscaping required to the north

Noise and general disturbance

Already sufficient restaurants in the area

Financial viability of Auto Centre questioned

Danger and temptation of unhealthy eating especially near a school

Other eating establishments nearby

Global domination of such companies

Retail element of Auto Centre questioned in relation to restrictive covenant

 

5 Planning Considerations:

The main issues for consideration are: policy; residential amenity including issues of noise and smell; access and parking; and design of the buildings.

 

Policy

This site was initially allocated for the purpose of "roadside use" within the Section 106 legal agreement that accompanied the outline planning permission for Haydon 2 (T91/1688 refers).  Condition 2 of that outline permission required the submission of framework plans, and the approved Beeches Framework Plan also referred specifically to this roadside use site.  Within this document the "roadside use" is defined as follows:

"Roadside uses can include petrol filling stations, service stations, car showrooms, tyre and exhaust centres, motor vehicle repairs, car washes and uses within Class A3 (Food and Drink) and C1 of the Town and Country Planning (Use Classes) Order 1987 together with ancillary uses and facilities including retail uses in accordance with the Section 106 agreement". 

The Section 106 agreement for Haydon 2 also referred to this site and restricted the amount of retail (A1 use) to a maximum of 1,500 sqft gross.

 

The roadside use allocation is further supported by the adopted Swindon Local Plan (1999) and in particular policy SEM3. 

As the site lies outside the Borough's hierarchy of retail centres the ancillary A1 use proposed would normally have to demonstrate compliance with the tests set out in Planning Policy Guidance Note 6.  However, given the allocation for roadside uses in the adopted Local Plan and the detail set out in the Beeches Framework Plan the site effectively comprises a roadside use/retail allocation in the adopted Local Plan and as such, the scheme would not be required to demonstrate compliance with PPG6.

 

Residential amenity

The approved Beeches Framework Plan states that any roadside use must be compatible with adjoining households in respect of privacy, noise, bulk, lighting and signage. 

This scheme includes a buffer zone of mounding and planting along the entire edge of the development where it adjoins the residential area and space is provided around the perimeter of the site for additional landscaping.  The proposed buffer would measure 8 metres in width to the rear of the proposed Auto centre and would extend to 18 metres wide to the rear of the proposed drive thru unit.  In addition an acoustic fence would be provided within this buffer as required by Environmental Health. Although this buffer cannot be guaranteed to screen the development entirely from residents it complies with that anticipated by the Beeches Framework Plan and to the rear of the proposed Drive-thru it exceeds the minimum by over 100%.  In addition the applicants have addressed some concerns raised about the treatment of the northern edge of the site where the buffer planting area has been increased.

Additional conditions have been requested by Environmental Health relating to hours of operation - including delivery times, the insertion of acoustically attenuated ventilation and filtration equipment, and the inclusion of litter bins.  The applicants have submitted a noise assessment report to the satisfaction of the Environmental Health Officer and are aware of the proposed conditions to control noise, emissions and opening times.

 

Access and parking

Vehicular access to the site would be via Junction 5 Thamesdown Drive and along the local distributor road.  The layout of Junction 5 Thamesdown Drive was designed with the use of this site in mind and the capacity of this road and junction is expected to accommodate the projected traffic flows generated by this use.

The proposal includes provision for 59 parking spaces in total: 31 for the drive thru restaurant and 28 for the Auto centre including 4 spaces allocated for disabled customers.  An additional two spaces are also to be provided for customers needing to stop and wait for their order after entering the drive thru. In addition parking for motorcycles and covered parking for cyclists is proposed.  The Highway Authority has considered the proposed parking levels in the light of submitted evidence of peak flows from other similar establishments and against the Borough's own parking standards and is satisfied. 

The applicants advise KFC have approximately one delivery every two days and the Auto Centre would be serviced once a day at most.  Conditions are proposed to limit the hours during which deliveries and collections may take place.

 

Design of the buildings

The architectural design proposes a contemporary style of buildings that use a combination of modern materials and brickwork. 

The proposed Drive thru restaurant would be formed of a main structure measuring approximately 22metres in length and just over 10 metres wide with a maximum roof height of 11 metres.  At the north end of the building a tower is proposed extending from the main body of the building to a height of 15 metres.  The tower and main building both would have a simple curved roof to correspond with the Auto centre and all window canopies would also be of a curved form to complement the main roofs.

The proposed Auto Centre would measure over 30 metres in length, 16 metres wide and 12 metres high at its highest point.  The elevation of the building would follow a simple line with windows on the western elevation only. The roof of the building would comprise a curved form stretching down to 8 metres at its lowest point.

Both buildings would be have curved grey standing seam roofs and the proposed white composite cladding to the main elevation of the Auto centre is intended to echoe the external materials of the main unit in the North Swindon District Centre.  The limited range of materials proposed should result in a simple uncluttered back drop to the development.

 

6 Concluding Comments:

The uses proposed in this application are in accordance with the specification contained in both the original Section 106 agreement and the approved Beeches Framework Plan.  This is an important fact in considering this application as it formally establishes the principle of this type of use on the site.  In addition, the use and layout is similar to that proposed in the previous application for this site that Members resolved to approve subject to a legal agreement.

The applicants have submitted revised plans that demonstrate an increase in the amount of space for buffer planting to the north east corner of the site in response to some of the residents objections. 

Given the outline approval and the policy designation of this site, combined with the previous application considered by Members for approval and subject to the numerous conditions proposed, your officers consider this proposal should be approved.

 

7 Recommendation

That planning permission be GRANTED with Conditions.

 

Conditions/Reasons

 

 

 1. The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: To enable the Council to review the suitability of the development in accordance  with  Section 92(2) of the Town and Country Planning Act 1990.

 

 2. The development hereby permitted shall not be used (for any other use including those other uses set out within Classes A1, A3 and A5 of the Use Classes (amendment) Order 2005) other than for the purposes hereby permitted.

Reason: In the interests of residential amenity.  The site is unsuitable for other uses than that hereby approved and to accord with the Haydon 2 outline permission and the approved Beeches Framework Plan.

Relevant Policies:            SEV2 Swindon Borough Local Plan (1999), DS6 Swindon Borough Council Local Plan 2011 (Revised Deposit Draft 2003).

 

 3. Prior to the commencement of works on site in connection with the development hereby approved, additional details including the location of dropped kerbs, proposed tactile warning paving and the proposed means of marking out of the disabled parking bays shall have first been submitted to and approved in writing by the Local Planning Authority.  Such details shall be implemented in accordance with the approved details prior to the units opening to the public.

Reason:  In the interests of people with disabilities

Relevant Policies: SEV7 and SEV8 of the Swindon Local Plan (1999) and DS6 and ENV8 Swindon Borough Local Plan 2011 revised deposit draft and in accordance with the Borough's revised draft Supplementary Planning Guidance Access for All.

 

 4. Prior to the commencement of works on site in connection with the development hereby approved details of all levels across the site shall have first been submitted to and approved in writing by the Local Planning Authority.  Such details shall include existing levels across the site and the adjoining highway and residential area and proposed finished levels of the parking areas and slab levels of the commercial units.  Any slopes required to gain level access to the units shall have gradients specified in accordance with the relevant standard in the Borough Council's revised draft Supplementary Planning Guidance.

Reason:  To ensure the site is properly laid out and in the interests of people with disabilities.

Relevant policies:  SEV7 and SEV8 of the Swindon Local Plan (1999) and DS6 and ENV8 Swindon Borough Local Plan 2011 revised deposit draft and in accordance with the Borough's revised draft Supplementary Planning Guidance Access for All.

 

 5. Prior to the commencement of works on site in connection with the development hereby permitted, a scheme of soft landscaping to include a planting schedule to cover the site including the car parking areas, and time table of works, shall have first been submitted to and approved in writing by the Local Planning Authority.  The scheme shall include details of the positions, species and crown spread of all existing trees and hedgerows on the land and the adjacent land, detailing those to be retained, together with measures for their protection during development.  The approved scheme shall be implemented within the first available planting season from the start of development.

Any tree or shrub planted in accordance with the scheme which is removed, dies or becomes diseased within a period of five years from first being planted, shall be replaced by one of a similar size and the same species within the next available planting season.

Reason: To ensure the appearance of the development is satisfactory.

Relevant Policies:            SEV2 SEV4 Swindon Borough Local Plan (1999). DS6 Swindon Borough Council Local Plan 2011 (Revised Deposit Draft 2003).

 

 6. Prior to the commencement of works on site in connection with the development hereby permitted, details of the proposed positions, design, materials and types of boundary treatments including gates shall be submitted to and approved in writing by the Local Planning Authority. Such details shall include the provision of a 2.4m high close boarded acoustic fence to be erected on the eastern side of the Driv-thru Lane as indicated on Site Plan 2 of the Noise Assessment Report.

The approved boundary treatments shall be implemented before the buildings are occupied or use commenced.

Reason: In the interests of the amenities of the area.

Relevant Policies: SEV2 Swindon Borough Local Plan (1999). DS6 Swindon Borough Council Local Plan 2011 (Revised Deposit Draft 2003).

 

 7. Prior to the commencement of works on site in connection with the development hereby approved, details of the proposed substation housing and bin stores, together with any additional ancillary builidngs shall have first been submitted to and approved in writing by the Local Planning Authority.  Such buildings shall be constructed in accordance with these approved details and retained in that form thereafter.

Reasons: To ensure the external appearance of the development is satisfactory

Policies: SEV2 Swindon Local Plan 1999 and DS6 of the Swindon Borough Plan 2011 Revised Deposit Draft.

 

 8. Prior to the commencement of works on site in connection with the development hereby approved, details of the proposed bund , including levels, formation and any necessary drainage requirements, shall have first been submitted to and approved in writing by the Local Planning Authority.  The bund shall then be constructed in accordance with these details and with any necessary drainage, prior to the development of the remainder of the site.

Reasons: In the interests of residential amenity

Relevant Policies:SEV2, SEV4, Swindon Borough Local Plan 1999, DS6 Swindon Borough Local Plan 2011 Revised Deposit Draft.

 

 9. Prior to the commencement of works on site in connection with the development hereby approved details of acoustically attenuated ventilation and filtration equipment shall have first been submitted to and approved in writing by the Local Planning Authority.  The equipment shall disperse fumes and smells created from the cooking operation on the premises and the extract point of the system shall be above eaves level of the premises.  All approved equipment shall be installed prior the use of the premises and maintained in full working order for as long as the use remains on the site.

Reason: In the interests of residential amenity.

Releveant policies: SEV 2 Swindon Borough Local Plan 1999, DS6 Swindon Borough Local Plan 2011 Revised Deposit Draft

 

10. Prior to the commencement of works on site in connection with the development hereby approved details of the proposed means of refuge storage and waste material disposal shall have first been submitted to and approved in writing by the Local Planning Authority.  These details shall include types and positions of all litter bins proposed on site.  Such storage and disposal shall then be carried out as approved on commencement of the commercial operations on site and maintained as approved for as long as the use remains in operation.

Reason: In the interests of residential amenity and public health

Relevant policies: SEV2 Swindon Borough Local Plan 1999, DS6 Swindon Borough Local Plan 2011 Revised Deposit Draft

 

11. Prior to the commencement of works on site in connection with the development hereby permitted, precise details of all external facing materials including colour type, size and manufacturer, shall have first been submitted to and approved in writing by the Local Planning Authority.

The development hereby permitted shall be carried out in accordance with these approved details.

Reason:  To ensure that the appearance of the development is satisfactory.

Relevant Policies:  SEV2 Swindon Borough Local Plan (1999), DS6 Swindon Borough Council Local Plan 2011 (Revised Deposit Draft 2003).

 

12. Prior to the commencement of works on site in connection with the development hereby approved details of all proposed lighting shall have first been submitted to and approved in writing by the Local Planning Authority.  Such details shall include the positions, height, style and luminance of the lights.  Such lighting shall only be erected as approved and no additional lighting shall be installed.

Reasons: In the interests of highway safety and residential amenity

Relevant Policies: SEV2 Swindon Borough Local Plan 1999, DS6 Swindon Borough Local Plan 2011 Revised Deposit Draft

 

13. The use hereby permitted shall not be commenced until the manoeuvring, loading, unlaoding and parking spaces shown on the approved plan have first been marked out and made available for use.  Such spaces shall thereafter be kept clear of obstruction and retained only for the manoeuvring, loading, unlaoding and parking of motor vehicles in connection with the development hereby permitted, for as long as the use remains operational on the site.

Reason:  To ensure that satisfactory provision is made for the parking of vehicles off the highway at all times.

Relevant Policies:            SEV2 ST19 Swindon Borough Local Plan (1999), T5 Wiltshire Structure Plan 2011 (2001), DS6 Swindon Borough Council Local Plan 2011 (Revised Deposit Draft 2003).

 

14. The main public entrances to each of the buildings shall provide a clear opening width of 800mm (minimum) by a single door in accordance with details that shall have first been submitted to and approved in writing by the Local Planning Authority.   The clear openings shall be retained as approved for as long as the development remains at the site.

Reason: To ensure adequate access for all.

Relevant Policies: SEV7, SEV8, SEV9 Swindon Borough Local Plan (1999). DS6, ENV8, H11 Swindon Borough Council Local Plan 2011 (Revised Deposit Draft 2003).

 

15. The four disabled parking bays shown on the plans hereby approved, shall be marked out and made available for use prior to the opening of the units to which they are associated.  Each bay shall be provided to a length of 6 metres and width of 3.6 metres and clearly marked to distinguish it as a disabled parking bay in accordance with details that shall have first been submitted to and approved in writing by the Local Planning Authority.

Reason:  In the interests of people with disabilities.

Relevant policies:  SEV7 and SEV8 of the Swindon Local Plan (1999) and DS6 and ENV8 Swindon Borough Local Plan 2011 revised deposit draft and in accordance with the Borough's revised draft Supplementary Planning Guidance Access for All.

 

16. The pedestrian pathways to the main front entrances shall be a minimum of 1.8m wide.

Reason: In the interests of pedestrians, people with disabilities and access generally.

Relevant policies:  SEV7 and SEV8 of the Swindon Local Plan (1999) and DS6 and ENV8 Swindon Borough Local Plan 2011 revised deposit draft and in accordance with the Borough's revised draft Supplementary Planning Guidance Access for All.

 

17. The motor cycle and cycle parking areas set out on the plans hereby approved shall be marked out and made available for use prior to the opening of either of the units.  The motor cycle area shall be railed off from the adjoining accessible parking bay in accordance with details that shall have first been submitted to and approved in writing by the Local Planning Authority.

Reason:  To ensure provision os made for the parking of motorcycles and cycles and in the interests of people with disabilities.

Relevant policies:  ST19, ST35, ST39, ST39A, SEV7 and SEV8 of the Swindon Local Plan (1999) and DS6 and ENV8 Swindon Borough Local Plan 2011 revised deposit draft and in accordance with the Borough's revised draft Supplementary Planning Guidance Access for All.

 

18. The hours of operation of the Class A3 Restaurant/Drive-Thru shall be limited to 11:00 to 23:00 Monday to Saturday and 11:00 to 22:30 on Sundays and Bank Holidays.  The hours of operation of the Auto Centre shall be limited to 08:00 to 20:00 Monday to Saturday and 10:00 to 16:00 on Sundays and Bank Holidays.

Reasons:  In the interests of residential amenity

Policies SEV2 Swindon Local Plan 1999 DS6 Swindon Borough Local Plan 2011 Revised Deposit Draft.

 

19. There shall be no deliveries or dispatches of goods or equipment to or from the site outside the hours of 09:00 and 20:00 Monday to Saturday and none at all on Sundays or Bank Holidays.

Reason: In the interests of residential amenity

Relevant Policies: SEV2, SEV74 Swindon Local Plan 1999, DS6 Swindon Local Plan 2011 Revised Deposit Draft.

 

20. The main gates at the vehicular entrance installed in accordance with condition 6 of this permission to the site shall be closed and locked one hour after the units have closed for trading each day in accordance with the opening hours as set out in condition 18 of this permission.  The main gates shall remain closed and locked until one hour before trading commences.

In addition the gates to the parking and servicing area of the Auto Centre shall be closed and locked one hour after the Auto Centre has closed and opened no earlier than one hour before trading commences in accordance with condition 18 of this permission.

Reason: In the interests of residential amenity

Relevant Policies: SEV2 Swindon Local Plan 1999 and DS6 of the Swindon Borough Local Plan 2011 Revised Deposit Draft

 

21. Prior to the commencement of works on site in connection with the construction of the AutoCentre hereby approved, precise details of the proposed operation of the Auto Centre including the number of vehicles to be serviced or worked on per hour and the number of staff, shall have first been submitted to and approved in writing by the Local Planning Authority.  The Auto Centre shall then operate in accordance with these details for so long as the use remains on the site.

Reason:             To define the scope of the permission and In the interests of amenity and highway safety

Releveant Policies:            SEV2 and ST19 Swindon Borough Local Plan (1999)

 

22. Prior to the commencement of works on site in connection with the development hereby approved, provision shall be made within the site for the disposal of surface water so as to prevent its discharge onto the highway, in accordance with details that shall have first been submitted to and approved in writing by the Local Planning Authority.

Reason:            In the interests of Highway safety.

Relevant Policies: SEV2 Swindon Borough Local Plan 1999

 

 

 

Informatives

 

 2. This permission does not convey or imply any approval or consent that may be required for the display of advertisements on the site for which a separate Advertisement Consent application may be required. You should be made aware that displaying of advertisements without Local Authority consent is a criminal offence that will be dealt with through the courts.

 

 1. This permission is in respect of approved plans numbered:

Revised Site Plan 421:PL:01 revision B received 29/04/05

Parking Assessment Tables 1, 2 and 3 received 17/03/05

Auto Centre Plan and Elevations 421:PL:03 received 17/03/05

KFC Plans and Elevations 421:PL:02 received 17/03/05

A4 sheet illustrating Bicycle shelters in so far as it relates to the Cambridge style cycle shelter as highlighted

16.5 Artic Track Analysis plan 1698-01 received 17/03/05 only in so far as it relates to the track plotting

Noise Assessment report 2772/22/05 received 06/04/05

Site Plan : Levels Only 421:PL:04 received 29/04/05 only in so far as it relates to the proposed levels on the site

 

 

End of Report